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1. The Defendant’s KRW 1,033,298 as well as the Plaintiff’s KRW 15% per annum from January 24, 2019 to May 31, 2019.
Reasons
1. Facts of recognition;
A. The Defendant is a corporation established on October 27, 2009 to implement a housing redevelopment project (hereinafter “instant project”) in Suwon-si, Suwon-si, Suwon-si, Seoul (hereinafter “instant rearrangement zone”).
B. On May 19, 2015, the Suwon City announced the implementation authorization for the instant project.
C. On March 2016, the Plaintiff: (a) leased and resided in Suwon-si, Suwon-si, Seoul-si, a housing located within the instant rearrangement zone; (b) and (c) moved into Suwon-si, Seoul-si, Seoul-si, a building located outside the instant rearrangement zone; (c) around December 2018, due to the implementation of the instant project, the Plaintiff moved into Suwon-si, a Suwon-si, F and G located outside the instant rearrangement zone.
The amount of director's expenses calculated in accordance with attached Table 4 of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects is KRW 1,033,298.
[Reasons for Recognition] deemed confession (Article 8(2) of the Administrative Litigation Act, Article 150(3) and (1) of the Civil Procedure Act)
2. Attached Form of the relevant Acts and subordinate statutes;
3. Article 78(5) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, which applies mutatis mutandis pursuant to Article 65(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, provides that “A resident of a residential building shall be compensated by calculating expenses incurred in moving his/her residence and expenses incurred in transporting movable property, such as household effects, etc.” Article 55(2) of the Enforcement Rule of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, shall be construed as “where a resident of a residential building to be incorporated in a zone where a public work is performed intends to be
As seen earlier, the fact that the Plaintiff resided in the instant rearrangement zone after leasing a residential building in the instant rearrangement zone and moved out to the outside of the instant rearrangement zone due to the implementation of the instant project is identical. Therefore, the Defendant is the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor.